Registered Trustees of the Archdiocese of Kisumu (Suing on behalf of St. Maria Goretti Catholic Church) v Peter Ondoo
The bottom line
#A Kisumu court ruled that a church that occupied land openly for 39 years now owns it, and the registered owner's title is gone.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the plaintiff has been in open, continuous and uninterrupted possession and occupation of the suit property for a period in excess of 12 years
- 2.Whether the defendant's title to the suit property has been extinguished by the plaintiff's adverse possession
- 3.Whether the plaintiff should be registered as owner of the suit property in place of the defendant
- 4.Who bears the costs of the Originating Summons
Key legal issues
#Whether the plaintiff proved adverse possession for over 12 years
Yes; the church occupied the suit property openly, continuously and uninterruptedly since 1986, a period of over 39 years, without interruption by the defendant
The suit was undefended as the defendant never entered appearance, so the plaintiff's evidence on entry, occupation and use was uncontroverted. The court applied Salim v Boyd and Kimani Ruchine on the elements of adverse possession and found the 12-year threshold of Sections 7 and 17 of the Limitation of Actions Act far exceeded.
Whether the defendant's title was extinguished
Yes; the defendant's title was extinguished by operation of law and the church acquired the property by adverse possession
Section 7 bars an action to recover land after 12 years; Section 17 extinguishes the title of the person entitled to sue at the expiry of that period. The defendant brought no action to recover the property in over 39 years, so his title was extinguished and the church acquired it by adverse possession.
Whether the plaintiff should be registered as owner in place of the defendant
Yes; Section 38 of the Limitation of Actions Act empowers the court to order registration of the adverse possessor in place of the person whose interest has been extinguished
Having found the defendant's title extinguished, the court invoked Section 38 to order transfer of the suit property to the plaintiff within 30 days, with the Deputy Registrar empowered to execute the transfer documents on default.
Legal principles established
#- A claimant of land by adverse possession must prove open, continuous and uninterrupted occupation of the land for 12 years or more
- At the expiration of 12 years, the title of the person entitled to bring an action to recover land is extinguished
Court orders
#- 1.Declaration that the title held by the defendant, Peter Ondoo, in Title No. Kisumu/Nyalenda “A”/659 has been extinguished by operation of law
- 2.Declaration that St. Maria Goretti Catholic Church has acquired Title No. Kisumu/Nyalenda “A”/659 by adverse possession
- 3.The defendant shall transfer to the plaintiff Title No. Kisumu/Nyalenda “A”/659 within thirty (30) days from the date hereof, failure to which the Deputy Registrar of this court shall be at liberty to execute all documents necessary to transfer the said property to the plaintiff
- 4.The plaintiff shall meet all the expenses and costs associated with the transfer of Title No. Kisumu/Nyalenda “A”/659 into its name
- 5.Each party shall bear its own costs of the suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court jurisdiction under Article 162(2)(b) of the Constitution (not expressly cited in the judgment); claim brought under Sections 7, 17 and 38 of the Limitation of Actions Act, Cap 22
Relief refused
#Costs of the Originating Summons (prayer d)
The court declined to award costs to the plaintiff, holding each party should bear its own costs as the suit was undefended
Costs
Each party shall bear its own costs of the suit.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I declare that the title held by the defendant, Peter Ondoo, in all that parcel of land known as Title No. Kisumu/Nyalenda “A”/659 has been extinguished by operation of law.
I declare that St. Maria Goretti Catholic Church has acquired Title No. Kisumu/Nyalenda “A”/659 by adverse possession.
The defendant shall transfer to the plaintiff Title No. Kisumu/Nyalenda “A”/659 within thirty (30) days from the date hereof, failure to which the Deputy Registrar of this court shall be at liberty to execute all documents necessary to transfer the said property to the plaintiff.
Each party shall bear its own costs of the suit.
The Plaintiffs have to prove that they have used this land which they claim as of right, necvi, nec clam, nec plecario (no force, no secrecy, no evasion)
Issues in the judgment
#Judgment refers to prayers (e), (f) and (g) but only prayers (a) to (d) are reproduced
Costs: court found case made for prayer (d) (costs) but ordered each party to bear own costs
Judgment signed at Mombasa by S. Okong'o but delivered and countersigned at Kisumu by E.K. Wabwoto
Delivery date printed as 28 September 2026, nearly a year after formal proof on 4 November 2025
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of the Archdiocese of Kisumu (Suing on behalf of St. Maria Goretti Catholic Church) v Peter Ondoo", Case Analysis (2026). ELC SUIT NO. E001 OF 2025 (O.S). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5814/eng@2026-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.